4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Appellate counsel was ineffective for failing to raise on direct appeal the trial court's failure to conduct a competency hearing and enter an order adjudicating the defendant competent.
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The court held that the pro se plaintiff's complaint failed to state a claim for relief and lacked sufficient factual allegations for jurisdiction.
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M.D. Fla.·
2020-08-13
Oliver Samuels, convicted of first-degree premeditated murder in the death of his ex-girlfriend, petitioned for federal habeas corpus relief challenging the conviction on multiple grounds including Miranda rights violations, ineffective assistance of counsel, and insufficiency of
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The appellate court affirmed the trial court's denial of a postconviction relief petition based on newly discovered evidence. The court found that the new evidence, a recantation by a witness, would likely not lead to an acquittal on retrial and was cumulative to existing evidenc
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M.D. Fla.·
2020-08-10
The court denied Petitioner's habeas corpus petition, finding that the state court's adjudication of his claims was not contrary to, or an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-08-10
Leonard Haggins challenged his conviction for robbery and burglary based on alleged trial errors and ineffective assistance of counsel in a federal habeas petition brought under 28 U.S.C. § 2254. The district court denied the petition, finding that Haggins either failed to proper
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S.D. Fla.·
2020-08-07
The court held that the petitioner's detention is governed by 8 U.S.C. § 1231(a) and is presumed reasonable, thus his petition for writ of habeas corpus must be dismissed.
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M.D. Fla.·
2020-08-03
The court denied the petition for a writ of habeas corpus because the petitioner's claims were either unexhausted, procedurally defaulted, or failed to meet the stringent standards for federal review under AEDPA.
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M.D. Fla.·
2020-07-31
Michael Wayne Shellito, a state prisoner serving life without parole for first-degree murder, sought federal habeas corpus relief challenging his conviction on three grounds: suppression of material evidence, ineffective assistance of trial counsel at the guilt phase, and absence
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S.D. Fla.·
2020-07-30
The court held that it lacks jurisdiction to consider the successive habeas petition because the petitioner failed to obtain authorization from the court of appeals.
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M.D. Fla.·
2020-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate entitlement to equitable tolling.
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This case concerns a juvenile, N.W., who sought release from detention via a writ of habeas corpus, arguing his detention violated Florida statutes. The court found that the juvenile's extended detention beyond the statutory 72-hour limit for failure to appear was impermissible,
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Fla. 5th DCA·
2020-07-24
A pro se litigant who engages in a pattern of abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions concerning that case.
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S.D. Fla.·
2020-07-23
The court held that a petition for a writ of habeas corpus challenging post-removal order detention is premature if filed before the presumptively reasonable six-month detention period has expired.
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The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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Fla. 1st DCA·
2020-07-13
A non-sentencing trial court lacks jurisdiction to entertain a habeas corpus petition asserting claims cognizable under Florida Rules of Criminal Procedure 3.800 and 3.850.
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Fla. 1st DCA·
2020-07-13
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N.D. Fla.·
2020-07-01
The court held that the state court's ruling on the petitioner's ineffective assistance claim was not contrary to clearly established federal law, but granted a certificate of appealability on that issue.
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M.D. Fla.·
2020-06-30
Roderick Campbell challenged his 2008 Florida convictions for firearm offenses through federal habeas corpus, arguing ineffective assistance of counsel and other constitutional violations. The federal court denied the petition, finding most claims procedurally barred or defaulted
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A court may sanction a pro se litigant for abusive, repetitive, malicious, or frivolous filings by barring future pro se filings and referring the matter to prison officials for disciplinary proceedings.
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M.D. Fla.·
2020-06-16
Byron Boutin was convicted of second-degree murder in connection with the 2012 death of Deanna Stires, who was fatally overdosed on morphine after being attacked and restrained with duct tape. Boutin filed a federal habeas corpus petition challenging his conviction on grounds tha
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N.D. Fla.·
2020-06-09
The court held that while the petitioner may have shown deficient performance or a state's failure to disclose, he did not make a substantial showing that the outcome would have been different, thus denying relief under § 2254(d).
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The appellate court granted a writ of habeas corpus, vacating an order for involuntary treatment. The court found that the order was improperly entered because the required assessment had not been completed within the statutory timeframe.
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M.D. Fla.·
2020-06-08
A federal prisoner cannot use the § 2241 saving clause to challenge a conviction based on an intervening change in the law if they have already had a prior § 2255 motion denied.
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Fla. 2d DCA·
2020-06-05
The appellate court affirmed the lower court's denial of a habeas corpus petition and motion for clarification. The court held that the petitioner's claim that he should have been allowed to amend his petition was not ripe for review because he had not yet filed a motion that was
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A successive petition for writ of habeas corpus raising the same issues as a previously dismissed petition must be dismissed.
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M.D. Fla.·
2020-06-01
Roderick W. Campbell challenged his state convictions for carrying a concealed firearm and possessing a firearm as a convicted felon, each carrying sentences of thirty years and five years respectively, by petitioning for federal habeas corpus relief under 28 U.S.C. § 2254. The D
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A habeas corpus petition cannot be used to litigate issues that could have been raised on direct appeal or in postconviction proceedings, and a motion to disqualify the trial judge filed while the defendant is represented by counsel is a nullity.
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A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
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Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
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M.D. Fla.·
2020-05-13
A man convicted of sexually abusing his girlfriend's nine-year-old daughter filed a federal habeas corpus petition challenging his conviction, arguing that certain trial court errors violated his constitutional rights. The district court denied relief, finding that some claims we
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M.D. Fla.·
2020-05-11
The court held that the petitioner is not entitled to habeas relief because the state court's adjudication of his claims was not contrary to, or an unreasonable application of, federal law, nor based on an unreasonable determination of the facts.
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S.D. Fla.·
2020-05-11
The court held that the plaintiff's objections to the magistrate judge's orders were untimely and without merit, and that the case was properly dismissed for failure to comply with court orders regarding pleading deficiencies.
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Fla.·
2020-05-07
A state prisoner who has filed multiple meritless pro se petitions to the Supreme Court may be sanctioned by barring future pro se filings related to the same conviction unless represented by counsel and by referral to the Department of Corrections.
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The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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M.D. Fla.·
2020-04-16
The court held that the petitioner's due process rights were not violated by the prison disciplinary proceedings, and therefore, his petition for a writ of habeas corpus should be denied.
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Robert Meizlik, an inmate convicted in 2007 of sexual abuse offenses, sought federal habeas relief, alleging that his trial counsel and appellate counsel were ineffective and that his conviction was improperly reviewed. The court denied all claims on the merits or alternative pro
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Fla. 1st DCA·
2020-04-07
The court denied a petition for a new trial based on ineffective assistance of appellate counsel, finding the petitioner's claims procedurally barred. The court clarified that a new legal precedent did not apply retroactively to convictions finalized before its issuance.
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N.D. Fla.·
2020-04-03
The court adopted the Magistrate Judge's recommendation to dismiss the petition for writ of habeas corpus as untimely.
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M.D. Fla.·
2020-04-02
The court held that the petitioner's claim regarding the untimeliness of his administrative appeal was not cognizable in a § 2241 petition because it challenged the circumstances of his confinement, not the validity or duration of his sentence, and he failed to exhaust administra
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M.D. Fla.·
2020-03-30
The court held that it lacks jurisdiction to grant an extension for a habeas corpus petition before it is filed.
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M.D. Fla.·
2020-03-27
The court held that the state court's denial of the petitioner's claims was not an unreasonable application of federal law, and therefore denied the habeas corpus petition.
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M.D. Fla.·
2020-03-23
The court denied the petition for writ of habeas corpus, finding that the petitioner procedurally defaulted claims and failed to demonstrate ineffective assistance of counsel under the AEDPA standard.
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M.D. Fla.·
2020-03-23
The court held that the petitioner's claims were meritless and did not warrant federal habeas corpus relief.
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The court held that it lacks jurisdiction under 8 U.S.C. § 1252(g) to review a claim seeking to enjoin the execution of removal orders, even when related to pending provisional waiver applications.
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A petitioner whose habeas corpus petition has been denied may be cautioned that further similarly inappropriate pro se filings asserting claims from the same cases may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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291 So. 3d 900·
Fla.·
2020-03-19
A death sentence does not violate Hurst v. Florida when a unanimous jury verdict establishes at least one statutory aggravating circumstance beyond a reasonable doubt.